Copy of continuing record??

[momof2teenboys]

A friend is looking for her continuing record (divorced more than 5 years ago). She's contacted her lawyer - no longer on retainer - and has requested it a few times with no response. Would she be able to get a copy from the court?

[blinkandimgone]

I believe she could go to the court house and make a copy.

[dana2]

Yes, you go to the counter and can obtain copies of the file, if you are one of the parties. I believe there is a charge for that.

Also, if I am not mistaken, the Rules of Professional conduct dictate that a lawyer respond to correspondence within a reasonable amount of time.

Therefore she can also lodge a complaint with Law Society of Upper Canada about her former lawyer not responding to her communication.

[momof2teenboys]

I've a feeling she owed him money for a long time - maybe even still.
I'll tell her to go to the court and get them herself.

Once a final bill is paid (will I ever get there??) is the full file given to the client?

[dana2]

I've a feeling she owed him money for a long time - maybe even still.
I'll tell her to go to the court and get them herself.

Once a final bill is paid (will I ever get there??) is the full file given to the client?

I believe the Rules of Professional Conduct do not mention "if a lawyer is unpaid, he/she is within his/her rights not to respond to correspondence". Hence the lawyer is still on the hook.

The lawyer will only give your friend the file, if he/she asks for it. If there is a balance unpaid, I believe the lawyer can put a solicitor's lien on the documents and refuse to release them.

[Tayken]

Remember a continuing record that is 7 years old is in archives and depending on the court house can take months to retrieve. Then you have to pay a whopper of a fee to have every page copied.

Unless you really need something from the continuing record I wouldn't bother. 7 years old in the matter of family court is a life time ago. The material in the continuing record doesn't provide much value. Especially if it is a massive continuing record.

The only thing that is really relevant 7 years later is the resulting agreement / order for all the nonsense in the continuing record.

Good Luck!
Tayken

[Kinso]

If there's a motion to change the old CR might be necessary to show the change in circumstances. Depending on the grounds of course.

[momof2teenboys]

If there's a motion to change the old CR might be necessary to show the change in circumstances. Depending on the grounds of course.

So it would be important to have this once divorce is final and all issues are resolved. For my own reference, once my lawyer is paid and (hopefully) no longer needed is this a document that belongs to the me (client)?

My friend finally received word back from her previous lawyer. She has to pay an old balance and then the record is hers. So he was keeping it until the account was paid...